Iowa Code section 85.31(1)(a) states in relevant part, “When death results from the [workplace] injury, the employer shall pay the dependents who were wholly dependent on the earnings of the employee for support at the time of the injury.” Iowa Code section 85.42(1)(a) establishes that a surviving spouse will be considered to be wholly dependent […]
Phyllis Konchar worked as a principal at St. Joseph’s Catholic School for nineteen years. The School was overseen by Father Pins, who was appointed by the Bishop for the Diocese. Despite efforts between both Konchar and Father Pins to resolve their differences in a professional manner, Konchar’s employment was terminated for cause on March 9, […]
Under Iowa’s workers’ compensation law, injured workers can ask for an updated review of their injuries to determine whether their condition has worsened and thus entitles them to additional payments. In the present case, an injured worker filed a review-reopening proceeding which was dismissed by the workers’ compensation commissioner after a finding that the worker […]
On a motion for summary judgment in an age discrimination claim, the Iowa Supreme Court modified the burden-shifting framework for summary judgment on discrimination claims under the Iowa Civil Rights Act (ICRA) to align with the causation standard at trial. The Court adopted the good-faith “honest belief rule” to affirm the employer’s decision to terminate […]
Roberta Butterfield’s estate brought suit against her nursing home, Chautauqua Guest Home, Inc., after her death in 2019. Butterfield’s estate alleged various omissions on the part of the nursing home throughout her residency. Chautauqua timely answered and a discovery plan was subsequently agreed to. Plaintiffs then failed to serve a certificate of merit affidavit and […]
On March 14, 2023, Ben Erickson obtained a complete defense verdict in a jury trial involving an underinsured motorist claim. The case arose out of allegations that Plaintiff was injured when her vehicle was struck by the underlying defendant. Specifically, Plaintiff alleged the accident caused neck, back, and wrist injuries, including the need for surgical […]
Ryleigh Keeney, Rachel Morgan, Stella Maris Strohman, and Peter Ickes participated the 2023 Courage on the Court, a 3 on 3 basketball tournament sponsored by Can Play. Can Play’s mission is to bring adapted and no cost recreational programs to the community by removing barriers to play. Can Play uses sports and recreation programs to […]
Lincoln Savings Bank served a foreclosure lawsuit on the attorney for Debra Emmert after her loan payments failed to arrive. After the deadline for a responsive pleading had passed, the bank mailed a notice of intent to file an application for default judgment to Emmert’s attorney. The notice of intent was not separately mailed to […]
Andrew Hall and Aaron Lindebak represented Lippert Components, Inc. and LCI Industries in a products liability case. Lippert Components, Inc. and LCI Industries manufacture electric steps for use on Recreational Vehicles. Plaintiffs allege that a rivet in a step manufactured by Lippert Components and LCI Industries failed, resulting in the death of David Burke. Plaintiffs […]
The Plaintiff sued Crow Valley Golf Club seeking recovery under Iowa Code section 808B. The Plaintiff alleged Crow Valley Golf Club operated a surreptitious video and audio mechanism in its bar/restaurant and had recorded his conversations with business associates. Iowa Code section 808B.8(1)(a) permits an individual whose communication is intercepted, disclosed, or used in violation […]
